DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 2693-10
4 October 2010
RS eel
ae Eee...
We ..
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
You requested reconsideration of your previous application,
docket number 9307-08, to modify the fitness report for 1 to 8
January 2007 by removing or amending the section I (reporting
senior’s ‘Directed and Additional Comments”) comment “using his
government cell phone to contact a woman, who was not his
‘spouse, on multiple occasions in a social manner.” This
application was denied on 27 January 2009. As you have
provided no new and material evidence or other matter
concerning this application, it was not reconsidered. You also
made a new request to modify the fitness reports for 21 October
2005 to 31 December 2006, 1 to 8 January 2007 and 9 January to
26 March 2007 by changing the entries in section A, items 8.e
(“WT [Weight]”) and 8.f (“Body Fat”).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 September 2010. Your allegations of error
and injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of
this Board. Documentary material considered by the Board
consisted of your application, together with all material
submitted in support thereof, your naval record and applicable
statutes, regulations and policies. The Board also considered
the report of the Headquarters Marine Corps Performance
Evaluation Review Board (PERB), dated 30 August 2010, a copy of
which is attached.
After careful and conscientious consideration of. the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. In this connection, the Board
substantially concurred with the report of the PERB.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to
have the Board reconsider its decision upon submission of new
and material evidence or other matter not previously considered
by the Board. In this regard, it is important to keep in mind
that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
Enclosure
NAVY | BCNR | CY2009 | 12296-09
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In this connection, the Board substantially concurred with the comments contained in the report of the PERB, except the Board was persuaded that the reporting senior’s portion of the original version of a superseded version of the contested fitness report for 3 October 2007 to 30 September...
NAVY | BCNR | CY2009 | 11386-09
You requested completely removing the fitness report for 31 March to 5 October 2007. and “completed most tasks when supervised and.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2010. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2009 | 09809-09
You further requested that these reports, as well as the report for 31 October 2007 to 30 June 2008, be modified by adding, to section I (reporting senior’s “Directed and Additional Comments”), “MRO [Marine reported on] meets Physical Evaluation criteria in MCO [Marine Corps Order] 6100.12, and is within standards.” Finally, you requested removing your failure of selection by the Fiscal Year 2010 Active Reserve Colonel Selection Board, and granting you special selection board consideration...
NAVY | BCNR | CY2014 | NR5198 14
You requested removing the fitness reports for 1 January to 25 June 2007, 11 July to 31 December 2009 and 19 May to 31 December 2010. It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 1 January to 25 June 2007 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “MRO [Marine reported on] is assigned to the Body Composition Program.” and “SECT[ion] A, Item 5a: MRO is currently assigned to the Body...
NAVY | BCNR | CY2009 | 11418-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2010. : | After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice, In this connection, the Board substantially concurred with the comments contained in the report of the PERB. Consequently, when applying for a...
NAVY | BCNR | CY2009 | 11717-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable Statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2012 | 00084-12
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the report for 1 January to 12 May 2009 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “Upon completion of his scheduled PME [Professional Military Education] .” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2012. Documentary material considered by the Board consisted of your...
NAVY | BCNR | CY2010 | 11693-10
You also requested that the service record page 11 counseling entry dated 21 November 2008 be modified by deleting the following: Your demonstrated lack of maturity, judgment and decision making abilities, specifically your inappropriate sexual relationship with a CPL [corporal] [pay grade E=-4}(fthen a PFC [private first class) [pay grade E-2] when it started). A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3...
NAVY | BCNR | CY2009 | 08538-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 09204-08
Tt is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 10 January to 15 May 2007 as you requested. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...